What are the requirements to file an H-1B petition?

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  • The petitioner must be a U.S. employer (company or individual).
  • There must be an employer/employee relationship between the U.S. employer and foreign worker.
  • The U.S. employer must hire a foreign worker to work in a ‘specialty occupation’.
  • The foreign worker must possess at least a bachelor’s degree (or its equivalent).
  • The U.S. employer must attest that it will pay the foreign worker at least the prevailing wage.